Barry v. State

305 S.W.2d 580 (1957)

Robert L. BARRY, Appellant,

v.

The STATE of Texas, Appellee.

No. 28588.

Court of Criminal Appeals of Texas.

January 9, 1957.

Rehearing Denied March 6, 1957.

Anderson & Latham, Wichita Falls, for appellant.

Jimmy Castledine, Dist. Atty., Sam B. Spence, Sp. Pros., Wichita Falls, Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is rape; the punishment, 50 years.

Prosecutrix, an eleven-year old sixth grade student, testified that on September 1 she went on her bicycle to the appellant's home to see his step-daughter about going skating,…